Jurnal AFKARUNA Vol. 15 No.

2 Desember 2019

The Participation of Muslim Women

in Islamic Philanthropy in The Digital
Era: A Malaysian Experience
DOI 10.18196/AIIJIS.2019.0101.165-186

MEK WOK BT MAHMUD, NOR AMNI BAZILAH BT MOHD ZAIN

Department of Fiqh & Usul Fiqh, Kuliyyah of Islamic Revealed Knowledge & Human Sciences,
International Islamic University Malaysia (IIUM), Malaysia.

RAUDLOTUL FIRDAUS BT FATAH YASIN

Department of Qur’an & Sunnah, Kuliyyah of Islamic Revealed Knowledge & Human Sciences,
International Islamic University Malaysia (IIUM), Malaysia.
Correspondence E-mail: (rawda@iium.edu.my)

ABSTRACT
In general, Islamic Philanthropy is an important instrument that can solve the socio-
economic problems of a country. The ultimate goal of Islamic Philanthropy is to benefit
the economy and the society, which began during the time of Prophet Muhammad S.A.W.
and has been continuously developed to this day. This research aimed to investigate the
participation of Muslim women in Islamic philanthropy in the digital era, specifically
their contributions to the waqf institutions in Malaysia. History and present times have
shown evidence of significant contributions of women in Islamic Philanthropy as founders,
beneficiaries, and mutawallis or trustees. This research conducted a library search, seeking
evidence of selected Malaysian experiences of women’s participation in Islamic Philan-
thropy in the past and at present. The expected result was an analysis of Malaysian expe-
riences in the participation of Muslim women in Islamic Philanthropy institutions in this
digital era, and to identify the need for improvements of the socio-economic conditions of
the society.
Keywords: Islamic Philanthropy, Women, Participation, Society, Malaysia

ABSTRAK
Secara umumnya, Filantropi Islam merupakan sebuah instrumen penting yang
dapat menyelesaikan masalah sosioekonomi sebuah negara. Tujuan utama
Filantropi Islam adalah untuk memberi manfaat kepada ekonomi dan masyarakat.
Sejarah Filantropi Islam bermula sejak zaman Nabi Muhammad S.A.W. dan telah
berkembang hingga hari ini. Artikel ini bertujuan untuk mengkaji partisipasi
166 AFKARUNA

wanita Islam dalam filantropi Islam pada zaman era digital khususnya dalam
sumbangan institusi wakaf di Malaysia. Sejarah masa lalu dan dan kenyataan
hari ini telah menunjukkan bukti-bukti sumbangan golongan wanita dalam
Filantropi Islam sebagai pendiri, penerima manfaat, dan mutawalli atau pemegang
amanah wakaf. Metodologi yang telah digunakan dalam penelitian ini adalah
penelitian perpustakaan, mencari bukti keterlibatan wanita Islam dalam Filantropi
Islam berdasarkan pengalaman Malaysia pada masa dahulu dan masa kini. Hasil
kajian merupakan sebuah analisis penglibatan wanita Islam dalam institusi
Filantropi Islam dalam era digital berdasarkan pengalaman Malaysia serta untuk
mengenal pasti keperluan untuk memperbaiki keadaan sosio-ekonomi masyarakat
tersebut.
Keywords: Filantropi Islam, Wanita, Penglibatan, Masyarakat, Malaysia

INTRODUCTION
The accumulation of wealth and its redistribution are closely related in
Islamic teaching and tradition. Once wealth is accumulated, Muslims are
ordained to voluntarily redistribute their wealth. Income redistribution by
voluntarily helping the poor, primarily through waqf, is definitively pre-
ferred.1 Waqf refers to the act of surrendering one’s own property so that
it can be used to benefit all Muslims. The main reason for a person to
commit the ownership of his or her property to waqf is to seek the bless-
ings of Allah S.W.T. and to bring oneself closer to Him. Waqf is a mecha-
nism for the redistribution of wealth that can help ensure the socio-eco-
nomic welfare of the community. 2
The terms waqf (plural: awqaf) and habs (plural: ahbas) are masdar
(verbal nouns in Arabic), and they both literally mean ‘to stop’, ‘to pre-
vent’, or ‘to restrain’.3 Waqf is an Arabic word that may be simply trans-
lated as endowment. In Islamic terminology, waqf, or also known as the
Islamic endowment is defined as the dedication of a certain property made
by a Muslim. This property will be used for a charitable or religious pur-
pose, as recognised by the Islamic law.4
Waqf and zakat are similar in terms of their potential to alleviate pov-
erty, but their concepts are totally different, especially in terms of the
beneficiaries. Waqf beneficiaries are not clearly mentioned in the Qur’an,
whereas the recipients of zakat are clearly stated in the Qur’an and are
known as the eight asnaf, or categories. Furthermore, waqf is voluntary,
while zakat is compulsory. The purpose of waqf should be for any reli-
gious purposes, as long as it does not contravene the concept of the
Sharia law. Zakat also has specific approaches, as prescribed in the Qur’an
 Vol. 15 No. 2 Desember 2019
167
and al-Hadiths, whereby waqf generally has no direct Qur’anic injunc-
tion, except for various verses. For example, in Surah Ali-Imran says:
Never will you attain the good [reward] until you spend [in the way of Allah]
from that which you love. And whatever you spend – indeed, Allah is Know-
ing of it. (Surah Ali-Imran: 92)

This verse states that Muslims will not be rewarded with goodness
unless they are willing to give their best to others, and the gift must be of
value and can benefit the beneficiary. People are encouraged to help and
give to each other to make life more orderly and harmonious. Allah S.W.T.
further commands in Surah al-Hajj:
O you, who have believed, bow and prostrate and worship your Lord, and do
good – that you may succeed. (Surah al-Hajj: 72)

In this verse, Allah commands human beings to do good things, espe-

cially waqf because it will bring benefits for the maslahah (public interest)
of the ummah, thus it is considered as a righteous deed. Doing good
things is also considered as an act of worship or ibadah towards Allah
S.W.T. and Allah will reward all believers, man or woman, for all their
good deeds. It can be inferred here that the act of waqf is not constrained
only to Muslim men, it is also open to women, and verily Allah is the Most
Gracious and the Most Merciful. 5
There is also a hadith on Umar ibn al-Khattab, who acquired a piece of
land in Khaibar and he went to see the Prophet S.A.W. to ask about his
new asset. This hadith is narrated by Sahih al-Bukhari:
Ibnu Umar r.a. reported a hadith on waqf from Rasulullah S.A.W.:
‘Umar ibn al-Khattab gained possession of a piece of land in Khaibar, and
he went to see the Prophet, peace and blessings of Allah be upon him, to
consult him about it. He said, “O Messenger of Allah! I have got a piece
of land in Khaibar, of which I have never obtained more valuable property
than this. (Although I aspire to reach out to Allah) what is your advice or
suggestion about it and the best course of action to take?” The Messen-
ger of Allah (pbuh) said, “If you wish, make the property itself to remain
inalienable and give (the profit from) it to charity”. 6
Based on this hadith, Umar r.a. endowed his land in Khaibar after
hearing the Prophet Muhammad’s recommendation. The Prophet (pbuh)
did not advise Umar to leave his property to the state, even though he
168 AFKARUNA

(Prophet) was the head of state at that time. This advice indicates that the
Prophet saw the importance of the role of waqf to public welfare. Abu
Talha, one of the Prophet’s companions and a very rich man in Madinah,
has also endowed his most favourite garden, Bairuha in Madinah, for the
purpose of welfare and to seek the blessing of Allah.
The first waqf in the Islamic jurisprudence was set by the Prophet
Muhammad S.A.W. himself, who contributed his own funds to Masjid
Quba’, which was built when he arrived in Madinah. He also endowed
seven farms in Madinah, which were given to him by Mukhairiq. These
actions have proven that our Prophet Muhammad (pbuh) is a good role
model for our society, who encouraged Muslims to perform righteous
and good deeds in their lives.

BASIC CONCEPT OF WAQF

There is a consensus among the majority of fuqaha’ (Muslim jurists)
regarding the conditions of waqf. According to the fuqaha’, there are
four conditions or elements that must be fulfilled: 7
1. Waqif: the person who will be the endower or the founder, who must
have achieved the age of baligh (puberty) and be of sound mind. The
act must also be done voluntarily, and not being forced by anyone
else;
2. Mawquf: the property or capital; an existing property or capital must
be completely owned by the waqif and be free from any burden of
ownership or encumbrances. To dedicate a property for waqf, it must
be under the absolute ownership of the waqif because in Islam, earn-
ing and owning a property relates to the human effort and work;
3. Mawquf ‘alaih: beneficiaries, whether family members, descendants,
or the poor and the public. The recipients must not be an enemy of
Islam; and
4. Sighah: ijab and qabul of waqf, which is to offer and the acceptance
of the property.

According to Magda Ismail 8, beneficiaries of a waqf property can be

classified into three categories, namely, Waqf Khayri (public waqf), Waqf
Dhurri (family waqf), and al-Waqf al-Mushtarak (a combined waqf for
both the public and family).
1. Waqf Khayri or waqf ‘am (public waqf) is an endowment that aims to
 Vol. 15 No. 2 Desember 2019
169
support the welfare system for the poor and the needy in society. This
type of waqf is made by the waqif, or founders in the form of build-
ings, such as mosques, schools, hospitals, orphanages, and
guesthouses, and by providing basic infrastructures, dedicating books,
or enclosing lands for use as cemeteries and for digging wells for dedi-
cating weapons. The revenue generated by these awqaf is spent en-
tirely on charity or philanthropy.
2. Waqf Dhurri, waqf ahli, and waqf ‘ala awlad refer to family waqf. In
this case, the founder would endow his/her property to his/her chil-
dren, grandchildren, relatives, or to other persons whom he/she speci-
fies. If the beneficiaries specified by the founder are no longer alive,
then only in this case will the waqf property be given for public wel-
fare purposes. The revenue should be spent for the family members of
the founder.9 As our Prophet also approved this type of waqf and en-
couraged his companions to make endowments for their closest rela-
tives. Moreover, the Prophet (pbuh) declared that the most pious of-
fering is to one’s family by providing for their wants, which is better
than giving alms to beggars.
3. Waqf Mushtarak (a combination of public and family waqf) is a waqf
created by the founder to support both the public and his family, for
example, the founder dedicates a part of his property to his family and
another part to the public. The founder will specify the targeted ben-
eficiaries and designate the profits from the property for religious and
welfare purposes. In this case, the legal conditions from waqf khayri
(general waqf) and waqf dhurri (posterity waqf) will be used. In Ma-
laysia, only waqf khayri is available, while the existence of waqf zurri
and waqf mushtarak is hardly traceable.10

WAQF CONTRIBUTION OF MUSLIM WOMEN IN ISLAMIC

CIVILISATION
Previously, Islamic activities were successful because all Muslim men
and women participated in the activities. Although the wealthy has es-
tablished mosques, hospitals, libraries, schools, and other institutions, the
on-going success of these institutions has been possible due to the small,
but continued donations made by the immense number of ordinary people
who are enlightened by the spirit of Islamic charity. 11 Women also made
small continuous donations where they play important roles in increasing
170 AFKARUNA

the rate of endowments.

For example, by the mid-sixteenth century in Istanbul, 37% of all offi-
cially recorded founders of awqaf were female. A study conducted in the
1930s has indicated that 128 of 491 fountains built in Istanbul were en-
dowed by women belonging to various social classes.12 Among the con-
tributions of Muslim women in Islamic Civilisation, whereby they are the
founders in these awqaf are as follows:13
1. Contributions to Mosques
Abu Hurairah narrated that the Prophet (PBUH) said, “Among the acts
and good deeds that will reach a believer after his death are knowledge
that he learned and then spread, a righteous son whom he leaves behind,
a copy of the Qur’an that he leaves as a legacy, a mosque that he built, a
house that he built for wayfarers, a canal that he dug, or charity that he
gave during his lifetime when he was in good health. This deed will reach
him after his death.”14
Zumurrud Khatoon, the wife of the Abbasid caliph al-Mustadhi’e, con-
structed a mosque to the south of the Mustansiria school, which was
located on the banks of the Tigris River. This mosque is known as the
Mosque of Khafaffin, whose minaret is reported to be the oldest in
Baghdad. She is well-known as a lover of charity and doing good deeds,
in addition to her interest in learning.
Among the rarest contributions by female in awqaf for mosques is
that of Fatima al Hadhena, who dedicated a number of invaluable books
and works, some of which still exist, to Oqba Ibn Nafie Mosque in al-
Qairawan. A gilded Qur’an in Kufi handwriting is among those wonderful
works. Furthermore, Princess Zainab is the only woman who took the
initiative to dedicate awqaf to al-Azhar Mosque in Egypt after the death
of Muhammad Ali Pasha, the Ottoman governor of Egypt. She set up a
large waqf in 1266 A.H. (1860 A.D.) and recommended that spending
for charitable purposes, such as salaries and bread for the Hanafi scholars
should be made out of its proceeds.
2. Health Services
The women of the Ottoman rulers were keen to endow hospitals, for
example, the awqaf established by the mother of Sultan Abdul Majid and
the mother of Sultan Murad III, as well as Sultana Hafiza and Sultana
Turiana. The hospital of Sultana Turiana remained functional until 1927,
and the contributions by Muslim rulers in Spain for their hospital facilities
 Vol. 15 No. 2 Desember 2019
171
were made available to Muslims and non-Muslims alike.
These women’s awqaf has benefitted the health services, which re-
ceived the lion’s share, as depicted by the establishment of hospitals of-
fering free treatments to poor patients, as well as establishing waqf for
medical education. With a full waqf, there were children’s hospitals to
meet their medical needs, including nurses to attend them. For illegiti-
mate children, who were born outside of marriage, nurseries were set up
to provide them with the necessary medical aids and wet nurses who
breastfeed them.15
3. Educational Development
Waqf for educational financing has the freedom of education approach,
which means it is not restricted to religious studies. It would usually cover
books, libraries, stipends to students, and salaries for teachers and other
staff. This financing helped to create a learned class separate from the
ruling and rich classes.16 The stability of a society can be achieved through
progress and the evolution of education. This is considered as an invest-
ment in human capital, which in turn may improve human resources, and
develop skills and qualifications to increase the positive impacts on the
society. In the field of education, some of the most significant endow-
ments were as follows:
1. The wife of the Abbasid Caliph, al-Musta’sim Billah, endowed books
and money to the al-Bashiriya school and library, both established in
1255 A.H., in Baghdad. It was established under a great endowment
allocated by the Abbasid Caliph himself. It was a replica of al-
Mustansiriya school, in which all four schools of Islamic thoughts were
taught.
2. Zumurrud Khatoon, wife of the Caliph al-Mustadhi’e, has endowed a
waqf hostel for international students. Through this waqf, she dedi-
cated all of her properties to the construction of this hostel for the
benefit of the students.
3. Shams al-Dhuha, the granddaughter of Salah al-Din al-Ayubi, founded
the famous al-Mutasammia School in Baghdad, which she dedicated
to the four schools of Islamic thoughts.
Princess Fatima Binti Ismail was the foremost among these women,
who generously spent her time promoting charitable work in the fields of
education and culture in Egypt. A considerable portion of the proceeds
from her waqf was earmarked to support civil and military education in
172 AFKARUNA

the seat of the Ottoman Caliphate. She takes the credit for establishing
the Egyptian University, which is currently known as the University of Cairo.
Once she knew that this project was suffering from financial difficulties,
she allocated six acres of her own best lands for the project.
Moreover, she allocated 661 acres in the Daqahlia governorate, out of
the 3,357 acres, for charitable work in this project. The university’s por-
tion of the proceeds of these lands amounted to 40% annually. This sup-
port from Princess Fatima was expanded to cover sending talented stu-
dents on scholarships inside and outside of Egypt.
The function and role of waqf has such a big impact on the country’s
development. It should be developed not only by the government, but in
cooperation with society. Al-Azhar University in Cairo is an example of the
cooperation between the government and civil society. Al-Azhar Univer-
sity managed to raise funds through waqf donations from the public. As
a result, this university has turned itself into a well-respected institution,
free of government intervention.17

THE HISTORY OF WAQF IN MALAYSIA

Malaysia is the one of the most peaceful, developed, and integrated
Muslim countries, with a multicultural population and society. It has a
long and rich waqf legacy that stretches over the country’s 13 states and
three federal territories. The State Islamic Religious Council (SIRC) of each
state governs waqf properties with its own legislative procedures. 18
The institution of waqf in Malaysia is believed to have been in exist-
ence for more than 800 years. It is believed to have started when Arab
Muslim traders brought Islam to the land in the 10th century.19 In short,
the history of waqf in Malaysia can be traced back since hundreds of years
ago, and recently started anew with Selangor as the first state that
authorises the SIRC as the manager of waqf properties in 1952. This move
was soon followed by other states, such as Kelantan in 1953, Terengganu
in 1955, and Pahang in 1956.20
In the context of Malaysia, the two most commonly discussed forms
of waqf are waqf am (general waqf) and waqf khas (specific waqf). Mean-
while, waqf ahli (family waqf) is not available in Malaysia. 21 Awqaf are
administered by the respective State Islamic Religious Councils, or locally
known as Majlis Agama Islam Negeri (MAIN). All MAIN have to be held
accountable as the sole trustees in their respective states in Malaysia by
 Vol. 15 No. 2 Desember 2019
173
the existence of related acts and special waqf guidelines. 22 The various
MAIN have been very active in discharging their roles and performing
their functions.
On the 27th of March 2004, the government established the Jabatan
Wakaf, Zakat dan Haji (JAWHAR), or the Department of Awqaf, Zakat,
and Hajj, in an effort to upgrade and boost their services and expertise in
waqf management. JAWHAR has its own administrators and funding to
assist MAIN in developing new methods to improve the administration of
the states’ awqaf. These management teams are operated under the same
roof for the development of the ummah. 23 The Malaysian Awqaf Founda-
tion or Yayasan Wakaf Malaysia (YWM) was established on 23 July 2008
as a business arm to the JAWHAR. In 2013, YWM was upgraded to Waqf
Corporation in an announcement by the 6th Prime Minister of Malaysia.
The purpose of establishing this institution is to uphold the development
and management of waqf properties in Malaysia, in relation to various
commercial projects built on waqf lands to benefit the society.24 Since the
inception of YWM in 2008, 16 physical development projects and four
non-physical projects were completed in the form of hotels, educational
complexes, shop houses, rehabilitation centres, haemodialysis centres, Is-
lamic complexes, and orphanages. The YWM operates on funds given by
the government under the Ninth and Tenth Malaysian Plan (RMK 9 & RMK
10) amounting to RM256.4 million and RM72.76 million, respectively, as
well as other sources of waqf.25

DIAGRAM 1: Contribution Of Muslim Women In Malaysia

174 AFKARUNA

SIGNIFICANCE OF THE CONTRIBUTION BY MALAYSIAN

WOMEN IN WAQF
Both men and women played significant roles in the formation of so-
cial networks in Malaysia. The presence of women, who play increasingly
dynamic roles in society, will more than likely expedite the development
of the Islamic endowment26, as shown in the following Diagram 1.

First: Participation of women as the creators, founders, or

benefactors
The founder of the waqf is the one who owns the property, either by
having bought it or through inheritance. He/she must be able to transfer
it from his/her ownership to the ownership of Allah. The founder of the
waqf also must be ‘aqil (in full possession of his physical and mental fac-
ulties), baligh (adult), and hurr (a free man or woman). The property,
whether movable or immovable, may be dedicated as endowment or waqf
property. According to the Islamic law, an individual may not establish
more than one third of his or her properties in waqf, so as not to deprive
the heirs of their due heritage.27 Generally, endowing property is attrib-
uted to the elite and rich women. However, recent studies showed that
women from all classes have performed this act of endowment for vari-
ous reasons, such as under political, social, economic, and cultural condi-
tions.28
Among the contributions of Malaysian women as founders of awqaf
is Setee Aishah’s endowed land, which is located in Seberang Jaya, Pulau
Pinang. This waqf land was donated by Setee Aishah Binti Haji Mahmood
on 30 September 1901. It was developed into a housing estate by the
Majlis Agama Islam Negeri Pulau Pinang (MAINPP), in collaboration with
UDA Land North Sdn. Bhd. as the developer of this project. This waqf land
is strategically located near shopping malls, such as Carrefour, Tesco Ex-
tra, Sunway Carnival, Billion, and Giant. 29
Setee Aishah’s waqf land was originally a paddy field and she allo-
cated 9.86 acres (39,902.04 square metres) for charitable work. The de-
velopment project included nine units of three-storey shops and 76 units
of double-storey houses. The development of this project totalled up to
approximately RM15 million and was developed in phases. The first phase
was completed on 3 May 2012, followed by the second phase, within 36
 Vol. 15 No. 2 Desember 2019
175
months after the completion of the first phase. 30
This is a significant contribution because the most critical problem
currently faced by Muslims in Malaysia is the lack of access to decent and
affordable housing for low and middle income families. This problem,
which is relatively widespread, appears to be more acute among families
residing in rural areas. Consequently, many of the low and middle income
families have to endure staying in cramped and often unfavourable living
conditions.31 In the provision of low cost housing, or its equivalent for
needy Muslims, the Setee Aishah waqf land had contributed to provide a
housing estate with lower prices, ranging between RM281,800 and
RM439,600 per unit.32 This estate has helped most of the Muslim families
in Pulau Pinang, especially those who earn lower income, to live a harmo-
nious life.
Another significant contribution made by Muslim women in Malaysia
is the endowment of lands by Noor Chahaya Abdul Majid and Hajjah
Fatimah Abdullah. They allocated 3,397.68 acres of land for charitable
projects. These lands, which are located in Kuala Lumpur, were then sold
to NAZA Motors Trading Sdn. Bhd. through the process of istibdal. Both
lands were sold within market value, which totalled up to RM 300,000,
with the permission from the Chief Justice of Majlis Agama Islam Wilayah
Persekutuan Kuala Lumpur (MAIWPKL). The revenues generated from the
sales were used to buy 3 housing units, namely, no. 151, no. 153, and no.
155, at Taman Pelangi Jaya, Sentul.33
According to Magda Ismail (2009), the terminology of Istibdal (substi-
tution) and Ibdal (exchange) are two common transactions needed in the
development of waqf in Malaysia. Ibdal is the actual selling of non-profit-
able waqf property, while istibdal is the purchase of another property to
replace the former waqf property. This is an extremely important require-
ment, which can be applied by the founder or trustee, with the permis-
sion of the Chief Justice, even if the founder did not include this prerequi-
site in his/her written deeds. This stipulation gives the trustee the right to
exchange unprofitable waqf property with another valuable property.
The two waqf lands from two generous women, Noor Chahaya and
Hajjah Fatimah, are very significant in the waqf development in Malaysia.
In this case, the waqf administrator was legally authorised, through the
process of istibdal, to exchange the worn or damaged property for a more
productive one.34 Nonetheless, there are cases where corruption occur,
176 AFKARUNA

for example, the case where a piece of land was leased to a man for
RM250, who afterwards rented it to another person for over RM2,500.
Such differences between the leased value and the market value of prop-
erties may open the doors to numerous threats, including corruption.35
In the early 2013, a new waqf product was released by the name of
“Gold Waqf” (wakaf emas). This product incorporates a prominent cul-
tural factor among Malaysian Muslims. Malay women have the tendency
to buy gold jewelleries as part of their savings and assets for the future.
When they are desperate for financial liquidity, especially in emergency
cases, they would then sell their jewelleries. Hence, it is fair to assume
that the Gold Waqf is a useful mechanism to capture the current market
as the price of gold is rising with time. This waqf product allows individu-
als to endow their gold assets, which then will be sold, and the cash
received will be given to the cash waqf fund. By April 2013, the amount
of cash collected from the Gold Waqf was more than RM40,000.36
The purpose of introducing the Gold Waqf is to generate more cash
waqf and revenue for the development of waqf projects. This is due to
the problem of insufficient waqf revenues to bear the operational costs.
Furthermore, when waqf properties are unproductive to self-generate in-
come, the earning of the compensation of waqf properties will be de-
layed, which may cause irregularity in receiving the benefits of the waqf
properties by the beneficiaries.37 By introducing the Gold Waqf, the prob-
lem of insufficient income, which would lead to an ineffective waqf man-
agement system in Malaysia, can be solved.
By endowing their properties and assets, women are able to safeguard
them from confiscation and appropriation, as well as gain benefits from
the waqf during their lifetime, while maintaining their rights to manage
the property.38 There is a wrong perception among Muslims that waqf
endowment could only be done if they have land and that it is not pos-
sible to do so with cash. Many Muslims have missed the chance to partici-
pate in waqf endowment because of this false belief. The existence of
Gold Waqf proves that it is possible to do so by cash, hence, would en-
courage Muslim women to contribute to waqf for the development of
society.
 Vol. 15 No. 2 Desember 2019
177
Second: Participation of women as the administrator, man-
ager, or mutawalli
In principle, waqf founders (waqif) have the right to determine the
type of management for their waqf. The waqf manager, who is also known
as Mutawalli or Nazir, is responsible for managing the waqf property to
the best interest of the beneficiaries. Among the duties of the Mutawalli
are to preserve and maintain the waqf property to make sure it can gen-
erate revenues and maximise the benefits of the beneficiaries. 39 The
Mutawalli, as appointed by the waqif, must meet the following require-
ments; sound of mind, baligh, amanah (trustworthy), and has the ability
to administer and manage the waqf property. All of these requirements
must be fulfilled, otherwise, a new mutawalli has to be appointed to en-
sure a better supervision of the waqf property.40
Waqf property development has been implemented by University Ma-
laya Awqaf as a trustee for the endowment of University Malaya, as ap-
proved by Majlis Agama Islam Wilayah Persekutuan (MAIWP). It operates
under the governance of the Vice Chancellor of Universiti Malaya. It was
established on 14 Disember 2016 and it started its operation on 1 January
2017. The main purpose for the establishment of UM Awqaf is to gener-
ate income for the benefit and welfare of the students, staff, and patients
of the UM Medical Centre (PPUM). UM Awqaf is managed by a group of
committee members, led by Dr Siti Mashitoh Mahamood as the manager
and 11 staff members at the university. Among the waqf instruments
provided by UM Awqaf are cash waqf, online banking through CIMB Is-
lamic on behalf of Universiti Malaya, money orders, bank drafts, and de-
duction from salaries.41
Among other ways in developing waqf fund is through the investment
of waqf property using the mudharabah concept, or by creating a specific
cash fund for endowment.
Therefore, the Khadijah International Waqf Foundation (KIWF) was
established to serve as part of the International Waqf Fund, to give and
impact socio-economic activities at the global level. The main mission for
the establishment of KIWF is to raise funds and to establish endowments
from individuals, companies, and other entities around the world. The
impact of such activities would be in the form of community develop-
ment that supports socio-economic initiatives for the empowerment of
178 AFKARUNA

women and children. The role model of this institution is Mazlina Binti
Saidi, who has been appointed as the Director of KIWF.
KIWF is an institution of Waqf Khayri (general waqf) that was estab-
lished under Section 107 of the Islamic Financial Services Act (IFSA 2013)
and Labuan Securities 2010. It was formed by taking an example of the
first woman who believed in Allah and His Messenger, Saidatina Khadijah
Binti Khuwailid, who was also the wife of the Prophet Muhammad S.A.W.
She was also known as a woman with high self-respect and was called
ath-Thahirah (the Holy Woman).
This institution consists of experts in Islamic finance, such as Dr Fauziah
Bt Hasan, Dr Abdul Rahman Bin Bidin, Tuan Haji Abdul Aziz Peru Mohamed,
Prof Engku Rabiah Adawiyah Bt Engku Ali, and Hajjah Rohani Bt Datuk
Haji Mohd Shahir. Meanwhile, members of the Shariah Advisory Depart-
ment consist of Dr Zurina Shafii and Prof Engku Adawiyah Rabiah. Among
the roles of KIWF is to raise funds through public donations for their en-
dowment funds. They also accept any valuables and donations from Mus-
lims worldwide. In addition, KIWF aim to manage and organise waqf funds
endowed according to the Sharia low risk investments and focus on sus-
tainable initiatives with social impact. They are also responsible for dis-
tributing the profits from these investments, which may go directly to the
beneficiaries, or indirectly passed through other institutions. These insti-
tutions are believed to be the pillars for women and children, and the
poor around the world, regardless of races, religions, and beliefs. Some
examples that have been highlighted by this institution are shown in Dia-
gram 2.42

DIAGRAM 2: KIWF Financing Investment Model For Women

Source: Khadijah International Waqf Foundation, 2018

 Vol. 15 No. 2 Desember 2019
179
According to Md. Shahedur et.al 43, Malaysia is facing several accumu-
lated problems in the waqf management system. This is based on the
observations and opinions of waqf practitioners and researchers in this
field. The main issue is related to the Mutawalli or waqf manager, who is
fully responsible for managing the waqf asset. Some Mutawalli were found
to be unqualified, for example, in the case of waqf lands being managed
by non-Muslims, who lack the knowledge of Islamic law. The authorities
could not trust them with their non-Islamic fundamentals, beliefs, and
ideologies. Waqf properties should be managed by qualified persons with
vast knowledge in Islamic philosophy, or by professional managers who
are competent in both civil and Islamic jurisprudence. These individuals
would be able to effectively manage awqaf to attain the ultimate perfor-
mance goals in the waqf system. This means that the right Mutawalli, or
waqf manager should manage the waqf assets by utilising their skills,
abilities, and beliefs effectively.
The participation of women in waqf as Mutawalli or waqf manager
has clearly been approved by Saidatina Hafsah Binti Umar, who was ap-
pointed to manage a garden and its revenue for the benefit of the ummah.
The garden belonged to her father, Saidina Umar r.a. This example shows
the significance of appointing Muslim women as managers due to the
rising number of educated women around the world. Therefore, women
can also play a more active and dominant role in Islamic endowment.

Third: Participation of women as the beneficiaries or

mawquf ‘alaih
The waqif would specify the beneficiaries or mawquf ‘alaih and the
proportion of distribution from the proceeds of the endowed investment.
Depending on the type of waqf being created, the beneficiaries can range
from family members to specific groups, such as the poor and needy. The
proceeds of the endowed investment can also be distributed for general
purposes, such as the building and upkeep of masjids, schools, and hos-
pitals.
Among the contributions of waqf that are focused on women as the
beneficiaries is the establishment of the Terengganu Culinary College. This
college was established from the collaboration between waqf and zakat.
The Malaysia Awqaf Foundation (MAF) built the Terengganu Culinary Col-
180 AFKARUNA

lege on waqf land through a joint venture, with a cost of RM2.5 million.
The joint venture involved the Majlis Agama Islam dan Adat Istiadat Melayu
Terengganu (MAIDAM) as the client. This project was managed and fi-
nanced by MAF and GIATMARA (a skills training institute under MARA) as
the service provider by providing teaching staff. This project was com-
pleted on 30 July 2012, and they started their operation on 2 September
2012. The state zakat institution sponsored the fees for asnaf children,
women who were categorised as needy, and those who were between 15
years old and above. Confectionary and bakery courses are among the
offered courses, and hostels are provided during the 6-month course.44
The courses offered in this project allow women to develop their skills
in confectionary and bakery. This will benefit them, especially those who
are not working in any companies or industries. The skills learnt from
these courses can help them to generate income and to start their own
business. This can motivate them to live their life to its fullest potential.
It is recorded that the number of older widows, and widowed mothers
and their children, face destitution and sometimes marginalisation due to
several reasons. In some cases, widows find themselves without financial
support or completely dependent on the charity of relatives. The poverty
faced by widows can also be further exacerbated by illiteracy, and lack of
education or training, which would render them incapable of supporting
themselves or their families.45
Waqf fund can be used to provide loans to small and medium enter-
prises since SME is an emerging sector in underdeveloped and developing
nations.46 Thus, cash waqf can be a very useful tool in developing effec-
tive schemes to alleviate the struggles faced by widows, as shown in Dia-
gram 3. Access to capital through profit and loss sharing (PLS) can moti-
vate widows to become economically secure. For small businesses run by
widows, the capital can be provided through profit and loss sharing (PLS)
instruments, such as mudharabah and musharakah. 47
Mudarabah financing will be used to provide capital to widows, who
want to start business ventures to support themselves. This type of fi-
nancing using the waqf fund will generally involve the contribution of
capital by the waqf endowment, acting as Rabbul Mal to the widow (as
the mudarib), to set up and run a small business. Lending capitals based
on Mudarabah will help the poor widows and keep a large number of
people from sins of interest as interest is strictly prohibited in Islam.48 In
 Vol. 15 No. 2 Desember 2019
181
cases where the women have a small amount of capital in their posses-
sion, but it is insufficient to start a business, a musharakah agreement can
be established using the waqf fund. The fund will make contribution to
start the business and the widow will also chip in her money. At the end
of the day, the profit is distributed based on the ratio of capital contribu-
tion.
Parts of waqf funds are also allocated for benevolent loans or “Qard
al-Hasan”, which are loans without interests. These funds will be given to
women in need, especially in cases of emergency, such as fire, and acci-
dent. This kind of help will provide some moral and material support in
the form of cash, to help these women face such moments and will also
help to fulfil their needs. Payment of Qard al-Hasan will be equal to the
initial loan without any extra charges.

DIAGRAM 3: Financing Model For Widowed Women

Source: Y.J Amuda et al., 2016

CONCLUSION
Women can play more active and dominant roles in Islamic endow-
ment. It is recommended to review the law that would empower women,
especially in Malaysia, to contribute to waqf as founders, trustees, and
beneficiaries. Nowadays, the number of educated and working women is
increasing around the world. Hence, they are well equipped to be parts of
the founders and trustees in waqf development. If women decide to be
waqf founders, they can generate more waqf assets and funds. If they
choose to be managers, they can contribute towards waqf management
182 AFKARUNA

and administration in religious institutions and government agencies. In

fact, women tend to be more committed and loyal to the entity that they
serve. Their commitments are mostly driven by their affection for knowl-
edge and experiences. Furthermore, women have the ability to make de-
tailed plans that would be beneficial during the development process of
any waqf project. Therefore, by providing better opportunities that will
facilitate the contribution of women to the Islamic endowment system,
they can raise and sustain the potential of waqf for the benefit of the
society.

ENDNOTE
1
Murat Cizakca, The Waqf, Its Basic Operational Structure and Development.
(Waqf and Socio-Economic Development), IIUM Press. 2018. Page 1.
2
Farhana Mohamad Suhaimi, & Asmak Ab Rahman, Is Society Willing to
Donate to Waqf? Opinions of the State Islamic Religious Councils in Malay-
sia. Jurnal Syariah, Vol.25 No.2. 2017.
3
Magda Ismail Abdel Mohsin. Cash waqf: A new financial product. Prentice Hall.
2009.
4
Farahdina Abd Manaf, & Siti Mashitoh Mahmood. “Developing Healthcare
Service Through Waqf Funds.” UM Awqaf. 2013.
5
Hisyam Yaacob. Waqf History and Legislation in Malaysia: A Contemporary Per-
spective. Journal of Islamic and Human Advanced Research, Vol.3 No.6. 2013.
6
Muhammad Bin Ismail al-Bukhari, Sahih al-Bukhari, Dar Tuq Najah, Vol.4,
Page 12, No.2772. 1422H.
7
Wahbah Zuhaili. Al-Wisoya wal Wakaf fi Fiqh Islami. Lubnan: Dar al-Fikr. 2007.
8
Magda Ismail Abdel Mohsin. Cash waqf: A new financial product. Prentice Hall.
2009.
9
Murat Cizakca, The Waqf, Its Basic Operational Structure and Development.
(Waqf and Socio-Economic Development), IIUM Press. 2018.
10
Hisyam Yaacob. Waqf History and Legislation in Malaysia: A Contemporary Per-
spective. Journal of Islamic and Human Advanced Research, Vol.3 No.6. 2013.
11
Md Shahedur, Mohd Fahmi, & Mohd Faisol. Economics of Cash WAQF
management in Malaysia: A proposed Cash WAQF model for practitioners
and future researchers, African Journal of Business Management, Vol.5 No.30.
2011.
12
Engin Isin & Ebru Üstündað, Wills, deeds, acts: women’s civic gift-giving in Otto-
man Istanbul. Gender, Place and Culture, Vol.15 No.5, Oktober 2008, page 526
13
Iman Mohammad Al-Humaidan. A Series of Translations on Philanthropic
and Voluntary WorkWomen and Waqf. Kuwait: Kuwait Awqaf Public Founda-
tion. 2007.
14
Ibn Majah Abdullah Mohd, Sunan Ibn Majah. Dar Ihya’ Kutubul ‘Arabi, Vol.1,
Page 88, No.242
 Vol. 15 No. 2 Desember 2019
183
15
Muhammad Tariq Khan, Contribution of Islamic Waqf in Poverty Reduc-
tion, University of Haripur, Pakistan, 2013, page 9.
16
Muhammad Tariq Khan. Historical role of Islamic waqf in poverty reduction in
Muslim society. The Pakistan Development Review. 2015.
17
Farhana Mohamad Suhaimi, & Asmak Ab Rahman. Is Society Willing to Do-
nate to Waqf? Opinions of the State Islamic Religious Councils in Malaysia. Jurnal
Syariah, Vol.25 No.2. 2017.
18
Jasmin Omercic. Socio-Economic Potential of Waqf In Bosnia and Herzegovina.
Centre for Advanced Studies, Sarajevo. 2018.
19
Hisyam Yaacob. Waqf History and Legislation in Malaysia: A Contemporary
Perspective. Journal of Islamic and Human Advanced Research, Vol.3 No.6. 2013.
20
Che Zuina Ismail, Nor Jana Salim, Nor Jawanees. Administration and Man-
agement of Waqf Land in Malaysia: Issues and Solutions. Mediterranean Jour-
nal of Social Sciences, Vol.6 No.4. 2015.
21
Hisyam Yaacob. Waqf History and Legislation in Malaysia: A Contemporary Per-
spective. Journal of Islamic and Human Advanced Research, Vol.3 No.6. 2013.
22
Farhana Mohamad Suhaimi, & Asmak Ab Rahman. Is Society Willing to
Donate to Waqf? Opinions of the State Islamic Religious Councils in Malay-
sia. Jurnal Syariah, Vol.25 No.2. 2017.
23
Khairuddin Abdul Rashid, Sharina Farihah Hasan, Azila Ahmad Sarkawi,
Jamilah Othman & Srazali Aripin, Preliminary discussion on the potential of zakat-
waqaf collaboration in the provision of housing for the needy Muslims. 2015. Page
252.
24
Farhana Mohamad Suhaimi, & Asmak Ab Rahman. Is Society Willing to
Donate to Waqf? Opinions of the State Islamic Religious Councils in Malay-
sia. Jurnal Syariah, Vol.25 No.2. 2017.
25
Khairuddin Abdul Rashid, Sharina Farihah Hasan, Azila Ahmad Sarkawi,
Jamilah Othman & Srazali Aripin, Preliminary discussion on the potential of zakat-
waqaf collaboration in the provision of housing for the needy Muslims. 2015. Page
258.
26
Margaret L.Meriwether, Women and Waqf Revisited: The Case of Aleppo, 1770-
1840, Denison University page 1.
27
Randi Deguilhem. “Gender blindness and societal influence in late Ottoman Dam-
ascus: women as the creators and managers of endowments. Hawwa, Vol.1, No.3.
2003.
28
Engin Isin & Ebru Üstündað, Wills, deeds, acts: women’s civic gift-giving in Otto-
man Istanbul. Gender, Place and Culture, Vol.15 No.5, Oktober 2008, page 525.
29
Hydzulkifli Hasyim & Asmak Ab. Rahman. Pengurusan pembangunan harta
wakaf: Pengalaman Majlis Agama Islam Negeri Pulau Pinang (MAINPP) terhadap
wakaf Setee Aishah. International Journal of Management Studies, Vol.19 No.2.
2012.
30
Khairuddin Abdul Rashid, Sharina Farihah Hasan, Azila Ahmad Sarkawi,
Jamilah Othman & Srazali Aripin, Preliminary discussion on the potential of zakat-
waqaf collaboration in the provision of housing for the needy Muslims. 2015.
184 AFKARUNA

31
Hydzulkifli Hasyim & Asmak Ab. Rahman. Pengurusan pembangunan harta
wakaf: Pengalaman Majlis Agama Islam Negeri Pulau Pinang (MAINPP) terhadap
wakaf Setee Aishah. International Journal of Management Studies, Vol.19 No.2.
2012.
32
Hydzulkifli Hasyim & Asmak Ab. Rahman. Pengurusan pembangunan harta
wakaf: Pengalaman Majlis Agama Islam Negeri Pulau Pinang (MAINPP) terhadap
wakaf Setee Aishah. International Journal of Management Studies, Vol.19 No.2.
2012.
33
Randi Deguilhem. “Gender blindness and societal influence in late Ottoman Dam-
ascus: women as the creators and managers of endowments. Hawwa, Vol.1 No.3,
2003. Page 334.
34
Md. Shahedur, Mohd Fahmi & Mohd Faisol. Economics of Cash WAQF man-
agement in Malaysia: A proposed Cash WAQF model for practitioners and future
researchers, African Journal of Business Management, Vol.5 No.30. 2011. Page
12159
35
Farhanah Mohd Mokhtar, Emira Sidin & Dzuljastri Abd Razak, Operation of
cash waqf in Malaysia and its limitations. Journal of Islamic Economics, Bank-
ing and Finance. 2015.
36
Md. Shahedur, Mohd Fahmi & Mohd Faisol. Economics of Cash WAQF man-
agement in Malaysia: A proposed Cash WAQF model for practitioners and future
researchers, African Journal of Business Management, Vol.5 No.30. 2011. Page
12159.
37
Engin Isin & Ebru Üstündað, Wills, deeds, acts: women’s civic gift-giving in Otto-
man Istanbul. Gender, Place and Culture, Vol.15 No.5. 2008, page 525.
38
Monzer Kahf. Al-Waqf al-Islami Wa Tathowwaruhu Wa Idarotuhu Wa
Tanmiyyatuhu. Damsyiq, Syria. 2006
39
Hisyam Yaacob. Waqf History and Legislation in Malaysia: A Contemporary Per-
spective. Journal of Islamic and Human Advanced Research, Vol.3 No.6. 2013.
40
University of Malaya Awqaf. 2018. Jom Berwakaf Untuk UM. Retrieved May
12, 2019, from https://www.facebook.com/2030178570560985/photos/
pcb.2272081126370727/2272080849704088/?type=3&theater
41
Khadijah International Waqf (L) Fund, KIWF. Retrieved May 13, 2019 from
https://khadijahwaqf.org.my
42
Md. Shahedur, Mohd Fahmi & Mohd Faisol. Economics of Cash WAQF man-
agement in Malaysia: A proposed Cash WAQF model for practitioners and future
researchers, African Journal of Business Management, Vol.5 No.30. 2011. Page
12159.
43
Yayasan Wakaf Malaysia. Akademi Kulinari Terengganu. Retrieved May 12,
2019, from https://ywm.gov.my/kulinari. 2013.
44
Yusuf Jelili Amuda, Dzuljastri Abdul Razak & Aminath Amany Ahmed. Ap-
plication of Cash Waqf in the Empowerment of Widows in Malaysia. Journal of
Advanced Management Science, Vol.4 No.3. 2016. Page 255.
45
Md. Shahedur, Mohd Fahmi & Mohd Faisol. Economics of Cash WAQF man-
agement in Malaysia: A proposed Cash WAQF model for practitioners and future
 Vol. 15 No. 2 Desember 2019
185
researchers, African Journal of Business Management, Vol.5 No.30. 2011. Page
12161
46
Yusuf Jelili Amuda, Dzuljastri Abdul Razak & Aminath Amany Ahmed. Ap-
plication of Cash Waqf in the Empowerment of Widows in Malaysia. Journal of
Advanced Management Science, Vol.4 No.3. 2016. Page 256.
47
Md. Shahedur, Mohd Fahmi & Mohd Faisol. Economics of Cash WAQF man-
agement in Malaysia: A proposed Cash WAQF model for practitioners and future
researchers, African Journal of Business Management, Vol.5 No.30. 2011.

BIBLIOGRAPHY
Abd Manaf, F., & Mahmood, S. M. 2013. “Developing Healthcare Service Through
Waqf Funds.” UM Awqaf.
Abdul Rashid, K., Hasan, S. F., Ahmad Sarkawi, A., Othman, J., & Aripin, S.
2015. Preliminary discussion on the potential of zakat-waqaf collaboration in the
provision of housing for the needy Muslims. Page 250-281
Iman Mohammad Al-Humaidan. 2007. A Series of Translations on Philanthropic
and Voluntary WorkWomen and Waqf. Kuwait: Kuwait Awqaf Public Founda-
tion
Murat Cizakca, The Waqf, Its Basic Operational Structure and Development.
(Waqf and Socio-Economic Development), IIUM Press. 2018. Page 1.
Amuda, Y. J., Razak, D. A., & Ahmed, A. A. 2016. Application of Cash Waqf in
the Empowerment of Widows in Malaysia. Journal of Advanced Management
Science, Vol.4 No.3.
Cizakca, M. 1998. Awqaf in history and its implications for modern Islamic economies.
Deguilhem, R. 2003. “Gender blindness and societal influence in late Ottoman Dam-
ascus: women as the creators and managers of endowments. Hawwa, Vol.1 No.3.
Hashim, Hydzulkifli and Ab. Rahman, Asmak.2012. Pengurusan pembangunan
harta wakaf: Pengalaman Majlis Agama Islam Negeri Pulau Pinang (MAINPP)
terhadap wakaf Setee Aishah. International Journal of Management Studies, Vol.19
No.2.
Isin, E., & Üstündað, E. 2008. Wills, deeds, acts: women’s civic gift-giving in Ottoman
Istanbul. Gender, Place and Culture, Vol.15 No.5, page 519-532
Ismail Abdel Mohsin, M. 2009. Cash waqf: A new financial product. Prentice Hall.
Ismail, A.G., Ali, K.M., & Sukmana, R. 2018. Waqf and Socio-Economic Develop-
ment. Cizakca, M., The Waqf, Its Basic Operational Structure and Development.
Malaysia: IIUM Press.
Ismail, C.Z, Salim, N.J, Ahmad Hanafiah, N.J. 2015. Administration and Man-
agement of Waqf Land in Malaysia: Issues and Solutions. Mediterranean Jour-
nal of Social Sciences, Vol.6 No.4.
Khan, D. M. T. 2013. Contribution of Islamic Waqf in Poverty Reduction.
Khan, M. T. 2015. Historical role of Islamic waqf in poverty reduction in Muslim soci-
ety. The Pakistan Development Review.
Mokhtar, F. M., Sidin, E. M., & Abd Razak, D. 2015. Operation of cash waqf in
Malaysia and its limitations. Journal of Islamic Economics, Banking and Fi-
186 AFKARUNA

nance.
Omercic, J. 2018. Socio-Economic Potential of Waqf In Bosnia and Herzegovina. Cen-
tre for Advanced Studies, Sarajevo.
Rahaman, M. S., Fahmi, M., & Faisol, M. 2011. Economics of Cash WAQF
management in Malaysia: A proposed Cash WAQF model for practitioners
and future researchers, African Journal of Business Management, Vol.5 No.30.
Rashid, S.K. 2017. Waqf Laws and Management. Abdel Muhsin, M.I. Past, Present
and Future Family Waqf. Malaysia: IIUM Press.
Suhaimi, F. M., & Ab Rahman, A. 2017. Is Society Willing to Donate to Waqf?
Opinions of the State Islamic Religious Councils in Malaysia. Jurnal Syariah,
Vol.25 No.2.
University of Malaya Awqaf. 2018. Jom Berwakaf Untuk UM. Retrieved May 12,
2019, from https://www.facebook.com/2030178570560985/photos/
pcb.2272081126370727/2272080849704088/?type=3&theater
Yaacob, H., 2013. Waqf History and Legislation in Malaysia: A Contemporary
Perspective. Journal of Islamic and Human Advanced Research, Vol.3 No.6.
Yayasan Wakaf Malaysia. 2013. Akademi Kulinari Terengganu. Retrieved May
12, 2019, from https://ywm.gov.my/kulinari
Zuhaili, W. 2007. Al-Wisoya wal Wakaf fi Fiqh Islami. Lubnan: Dar al-Fikr.
Sanu, Mustafa. 2000. Al-Istismar Ahkamahu Wa Dhawabithahu Fi Fiqh Islami. Dar
An-Nafa’is.
Ibn Majah Abdullah Mohd, Sunan Ibn Majah. Dar Ihya’ Kutubul ‘Arabi, Vol.1.
Cizakca, M. 2018. The Waqf, Its Basic Operational Structure and Development. (Waqf
and Socio-Economic Development), IIUM Press.
Muhammad Bin Ismail al-Bukhari, Sahih al-Bukhari, Dar Tuq Najah, 1422H, Vol.4,
Page 12, No.2772